2024 West Virginia Code
Chapter 16. Public Health
Article 47. Alcohol and Drug Overdose Prevention and Clemency Act
§16-47-5. Immunity, Alternative Sentencing and Clemency Options for a Person for Whom Emergency Medical Assistance Was Sought
(a) The immunity provisions in §16-47-4(a) of this code extend to the person for whom emergency medical assistance was sought if, after receiving emergency medical assistance, the person participates in, complies with, and completes a substance abuse treatment or recovery program approved by the court. Alternatively, a court may consider the following alternative sentencing and clemency options:
(1) Deferred prosecution under §60-6-26 or §60A-4-407 of this code;
(2) Pretrial diversion under §61-11-22 of this code;
(3) Adjudication in drug court under §62-15-1 et seq. of this code or §49-4-703 of this code; or
(4) Any other appropriate form of alternative sentencing or rehabilitation permitted by this code, including, but not limited to:
(A) Probation;
(B) Conditional discharge under §60-6-26 of this code; or
(C) The weekend jail program, the work program or the community service program under §62-11A-1a of this code.
(b) Notwithstanding any other provision of this section to the contrary, a person who may seek immunity or clemency pursuant to subsection (a) of this section and is charged with an offense not exempted by §16-47-4(a) of this code may enter a plea of guilty to an offense exempted by §16-47-4(a) of this code if the person, after consultation with his or her attorney, so desires.
